Advertising Law

FDA allows eggless Just Mayo to keep its name as long as labeling changes are made

The Food and Drug Administration is allowing the maker of a sandwich spread to call the product “Just Mayo” even though it doesn’t meet the federal definition for mayonnaise. The FDA gave its approval, but said the maker of Just Mayo, Hampton Creek, must change the product labeling, report the…

Dec 21, 2015 6:50 AM CST

LifeLock agrees to record $100M settlement in FTC order enforcement action

LifeLock has agreed to pay $100 million to settle Federal Trade Commission allegations that the company violated a 2010 court order to secure customers’ information and stop deceptive advertising. The amount is the largest monetary award ever obtained by the FTC in an order enforcement action, according to a press…

Dec 18, 2015 9:58 AM CST

Michael Jordan donates ‘multimillion-dollar’ settlement in advertising case to Chicago charities

After winning a $8.9 million jury verdict earlier this year in a federal lawsuit over unauthorized supermarket advertising, basketball legend Michael Jordan has reached a settlement and donated the proceeds to charity. He settled last month for an undisclosed sum both the suit against Dominick’s and related litigation against Jewel-Osco,…

Dec 16, 2015 1:45 PM CST

Can marijuana ads be shown on TV in states where it’s legal? Broadcasters aren’t so sure

If the recent spate of states repealing marijuana prohibitions could be likened to a revolution, it's one that won't be televised—at least not as a commercial. That's the transmission received recently in Colorado, where a 15-second advertisement for a cannabis-oil vape pen that was set to air during a Denver…

Dec 1, 2015 4:00 AM CST

Even zoning regulations can help fight obesity, law prof argues

If you want to solve the obesity epidemic, don’t pin your hopes on litigation and bans on supersized soft drinks, according to Stanford University law professor Deborah Rhode. Lawsuits over misleading marketing can be costly and subject to a political backlash, Rhode writes in an article published in the Virginia…

Oct 28, 2015 5:45 AM CDT

Lawyer is reprimanded for Google ads linked to opposing lawyers in timeshare litigation

Updated: A South Carolina lawyer has been reprimanded for buying Google ads that were linked to keyword searches for three opposing lawyers in timeshare litigation. The South Carolina Supreme Court reprimanded lawyer Zachary Steven Naert, who bought the ads for his firm Naert & DuBois, the Legal Profession Blog reports.…

Oct 1, 2015 8:49 AM CDT

Florida bar says no to for-profit referral services not owned by bar members

The Florida Supreme Court on Thursday rejected a state bar proposal that would have allowed lawyers to take referrals from for-profit agencies. According to the Daily Business Review, the state bar asked the court to let attorneys join referral agencies not owned by bar members that also handle referrals for…

Sep 25, 2015 2:05 PM CDT

Law firms in Florida can send text-message ads to prospective clients, state bar says

Rejecting a recommendation by an advertising subcommittee, the Florida Bar’s board of governors has OK’d the use of cellphone text messages for advertising law firm services to prospective clients. Florida is only the second state in the country to give the green light to lawyers to use texts for advertising…

Sep 2, 2015 12:30 PM CDT

News anchor sues Hasbro over hamster toy, calls look-alike rodent with same name ‘demeaning’

A Fox News anchorwoman has sued Hasbro over a hamster toy that shares her name, alleging that the toymaker has misappropriated her name and likeness. Plaintiff Harris Faulkner says the Harris Faulkner hamster toy, which is part of the Pet Pawsabilities line, violates her right of publicity and is a…

Sep 1, 2015 4:10 PM CDT

Michael Jordan is smiling after winning $8.9M in ad case, but says suit ‘was never about the money’

Former basketball superstar Michael Jordan was all smiles Friday over an $8.9 million jury award in a copyright case over a 2009 supermarket ad. It featured his name and jersey number and encouraged readers to use a coupon to get a discount on steaks. However, the man who led the…

Aug 24, 2015 8:35 AM CDT

Artist sues Starbucks, says chain created ‘substantially similar’ works for Frappuccino ads

A New York artist known for her kaleidoscopic, brightly colored murals says she turned down an offer by an advertising agency representing Starbucks Corp. to use her copyrighted art in an international marketing campaign. But Starbucks went ahead and had an in-house artist create “substantially similar” works using the same…

Jun 26, 2015 8:45 AM CDT

Class action claiming Yahoo intercepted email for advertising analysis gets OK from federal judge

A federal judge has given the green light to a class action alleging Yahoo Inc. invaded the privacy of non-Yahoo account holders by analyzing—for advertising purposes— email they sent to Yahoo Mail accounts. The suit says Yahoo violated the federal Stored Communications Act by searching the email for keywords that…

May 27, 2015 1:00 PM CDT

Backpage wins dismissal of suit over escort ads said to facilitate child sex trafficking

Federal law protects Backpage.com in a suit by three women who allege ads on the website facilitated their sale for sex as children, a Boston federal judge has ruled. In a decision last Friday, U.S. District Court Judge Richard Stearns said the Communications Decency Act protected the website for its…

May 21, 2015 5:45 AM CDT

NYC transit agency may ban all political ads to avoid complying with federal judge’s ruling

Ordered by a federal judge in Manhattan to allow a pro-Israel satirical “killing Jews” ad on buses and subways, New York City transit officials have come up with a new strategy to block it. In a Friday letter to U.S. District Judge John Koeltl, a lawyer for the Metropolitan Transportation…

Apr 24, 2015 2:40 PM CDT

Satirical ‘killing Jews’ ad can’t be banned from New York mass transit, judge rules

A satirical “killing Jews” ad is protected speech that can’t be barred on New York buses and subways, a Manhattan federal judge has ruled. U.S. District Judge John Koeltl ruled (PDF) on Tuesday, saying that MTA officials “underestimate the tolerant quality of New Yorkers and overestimate the potential impact of…

Apr 23, 2015 6:15 AM CDT